Statutory Instrument 1995 No. 2923

The Health and Safety Information for Employees (Modifications and Repeals) Regulations 1995

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© Crown Copyright 1995

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1995 No. 2923

HEALTH AND SAFETY

The Health and Safety Information for Employees (Modifications and Repeals) Regulations 1995

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (4)(a), (9) and 82(3)(a) of, and paragraph 15(1) of Schedule 3 to, the Health and Safety at Work etc. Act 1974^[1] and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Health and Safety Information for Employees (Modifications and Repeals) Regulations 1995 and shall, subject to paragraphs (2) and (3), come into force on 1st January 1996.

    (2)  Regulation 2(a) shall come into force on 1st January 1998.

    (3)  Regulation 3(2) shall so far as it relates to the Construction (Lifting Operations) Regulations 1961^[2] come into force on 1st January 1997.

Modifications of the Health and Safety Information for Employees Regulations 1989
    2.    The Health and Safety Information for Employees Regulations 1989^[3] are modified as follows: —
 (a) in regulation 2—
 (i) in paragraph (1), after the definition of ""the 1974 Act", the following definition shall be added: "the 1995 Order" means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995"^[4];
 (ii) in paragraph (4), after the word "ship" there shall be added the words "(except to the extent that the master and crew are engaging in activities falling within articles 4, 5 or 6 of the 1995 Order)" and
 (iii) after paragraph (4), there shall be added the following paragraph:
    "5.    These Regulations shall, subject to paragraph (4) apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 and 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the 1995 Order as they apply to premises and activities within Great Britain."

 (b) in regulation 3, after paragraph (3) the following paragraphs shall be added:
"  (4)  The Health and Safety Executive may approve a particular form of poster or leaflet for use in relation to a particular employment or class of employment and where any such form has been approved the Executive shall publish it and issue a notice in writing specifying the date that form was approved and the particular employment or class of employment in respect of which it is approved.

    (5)  Where a particular form of poster or leaflet has been approved under paragraph (4) then paragraphs (2) and (3) shall apply to the revision of that particular form as they apply to the revision of an approved poster or an approved leaflet save that the notice in writing issued under paragraph (2) in respect of the revised form shall also specify the employment or class of employment in respect of which the revised form is approved.

    (6)  An employer may, in respect of employment for which a particular poster or leaflet has been approved under paragraph (4), comply with the requirements of regulation 4(1) by displaying that particular form of poster or giving that particular form of leaflet and in connection with any such compliance regulation 4 shall be construed as if the references to the approved poster and the approved leaflet in that regulation were references to the particular form of poster and the particular form of leaflet approved under paragraph (4) and as if the reference in regulation 4(3) to revision pursuant to regulation 3(2) were a reference to a revision pursuant to regulation 3(5)."

Miscellaneous repeals and revocations
    3.—(1)  The enactments specified in column 1 of Part I of the Schedule to these Regulations are repealed to the extent specified in the corresponding entries in column 2 thereof.

    (2)  The instruments specified in column 1 of Part II of the Schedule to these Regulations are revoked to the extent specified in the corresponding entries in column 3 thereof.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under Secretary of State, Department of the Environment

13th November 1995

[1] 1974 c. 37; sections 15(1) and 50(3) were amended by schedule 15 to the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16(3) respectively. back

[2] S.I. 1961/1581. back

[3] S.I. 1989/682. back

[4] S.I. 1995/263. back

Explanatory Note